2011 South Dakota Code
Title 60 LABOR AND EMPLOYMENT
Chapter 02. Obligations Of Employer And Employee
§60-2-20 Use of genetic information in employment practices prohibited--Exceptions--Action for damages.
60-2-20. Use of genetic information in employment practices prohibited--Exceptions--Action for damages. It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in § 60-2-21, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due or available to an employee or a prospective employee. However, it is not an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information if:
(1) The employer is a law enforcement agency conducting a criminal investigation; or
(2) The employer relies on the test results from genetic information obtained by law enforcement through a criminal investigation, the employer legally acquires the test results, the employer keeps the test results confidential except as otherwise required by law, and the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on the alleged misconduct.
Any employee or prospective employee claiming to be aggrieved by this unlawful employment practice may bring a civil suit for damages in circuit court. The court may award reasonable attorney fees and costs in addition to any judgment awarded to the employee or prospective employee.
Source: SL 2001, ch 290, § 1.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
